Terms of Service

Effective October 8, 2026

Last updated October 8, 2026

1About these Terms

1.1Agreement. These Terms of Service (the "Terms") form a binding agreement between you and Mochi ("Mochi," "we," "us" or "our"). They govern your access to and use of the Services described in Section 4, including any Subscription you purchase. You can reach us at hi@usemochi.ai.

1.2How you accept. You accept these Terms when you first do any of the following: select a button or checkbox indicating that you agree to them; create an Account; purchase a Subscription; join the Waitlist; download, install or open the Mac App; pair the Phone App; or otherwise use the Services. If you do not agree to these Terms, you must not use the Services.

1.3Acting for an organization. If you accept these Terms on behalf of a company or other organization, you represent that you have authority to bind it, and "you" then refers to that organization as well as to you.

1.4Related documents. These Terms include the acceptable-use rules in Section 8 and any additional terms that we present to you for a particular feature, offer or plan ("Supplemental Terms"). If Supplemental Terms conflict with these Terms, the Supplemental Terms control for that feature, offer or plan only. Our Privacy Policy describes how we handle personal information. It is a separate notice rather than part of this agreement, and we encourage you to read it, together with our plain-language page, Where your data goes.

2Key terms

In these Terms, the following words have the meanings below.

"Services"

means the Mac App, the Phone App, the AI Features, the Website, the Relay, the Waitlist, our emails, and any related software, updates, features, content and support that we provide.

"Software"

means the Mac App and the Phone App, including updates.

"Mac App"

means Mochi's software for macOS, including the small character that can appear on your Mac's screen with his own pointer, and its updates.

"Phone App"

means Mochi's web application, which you open in a phone's browser (or add to its Home Screen) to display Mochi's face and to carry sound from the phone's microphone to your paired Mac.

"AI Features"

means the features of the Services that use artificial-intelligence models, including answering questions, examining images of your screen, carrying out Actions, researching the web and creating documents. We provide access to the models that power the AI Features through our Model Provider; you do not need your own account with any Model Provider.

"Model Provider"

means a third party whose artificial-intelligence models we use to provide the AI Features. Our current Model Provider is OpenAI.

"Website"

means www.usemochi.ai and its subdomains.

"Relay"

means the servers we operate to pass messages between your paired devices and between your Macs.

"Account"

means the account, identified by your email address, that you use to purchase and manage a Subscription.

"Subscription"

means a paid plan that gives you access to the AI Features and other parts of the Services for a recurring Billing Period.

"Billing Period"

means the recurring period, such as one month, for which a Subscription is billed, as shown to you before you subscribe.

"Payment Processor"

means the third-party payment service provider that we use to accept and process payments for Subscriptions.

"Waitlist"

means our list of people who have asked us to tell them when they can use Mochi.

"Inputs"

means what you provide to the Services, including the audio of your questions, typed text, instructions, images of your screen that Mochi examines at your request, documents you ask him to read, and facts you ask him to remember.

"Outputs"

means what the Services generate in response to Inputs, including Mochi's written replies, which appear in speech bubbles, and the files he creates for you.

"Actions"

means steps that the Mac App takes on your computer at your request, such as moving the pointer, clicking, typing, scrolling, or opening applications, files or web pages.

"Memory"

means short facts about you that you ask Mochi to remember.

"Beta Features"

means features or versions that we describe as beta, preview, early access, test, experimental or similar.

"Including" means "including without limitation." Headings and summaries are for convenience only and do not affect the interpretation of these Terms.

3Who may use Mochi

3.1Minimum age. You must be at least 13 years old to use the Services, or older if the law where you live sets a higher minimum age for using a service like Mochi without a parent's consent. The Services are not directed to children under 13, and children under 13 may not use them.

3.2Users under 18. If you are under 18, or under the age of majority where you live, you may use the Services only with the permission of your parent or legal guardian, who must read and accept these Terms on your behalf. A parent or guardian who gives permission is responsible for the minor's use of the Services and for the minor's compliance with these Terms.

3.3Purchasing a Subscription. You must be at least 18 years old, or the age of majority where you live if that is higher, to purchase a Subscription. A parent or legal guardian may purchase a Subscription for a minor's use in accordance with Section 3.2.

3.4Other conditions. You may not use the Services if applicable law, including sanctions law, prohibits you from receiving them, or if we have previously terminated your access for violating these Terms.

4The Services, early access and the Waitlist

4.1What Mochi does. Mochi is an AI companion for macOS. At your request, Mochi answers questions; examines an image of your screen when your question needs it; takes Actions on your computer to complete tasks in your applications; opens and quits applications and web pages; creates documents, spreadsheets and draft messages; helps with calendars, reminders, timers and similar everyday tasks; researches information on the web; and remembers facts that you choose to share with him. Mochi listens while you hold him or hold ⌥Space, and, while the Listen for "Mochi" setting is on and his face is open on a paired phone, when you say his name. Our Privacy Policy explains how listening works. Mochi replies in writing, in speech bubbles; he does not produce speech. The Phone App displays Mochi's face and can carry sound from your phone to your paired Mac.

4.2Requirements. The Services require a compatible Mac running a supported version of macOS, an internet connection, and the macOS permissions that the Mac App requests, such as Microphone, Speech Recognition, Screen Recording and Accessibility. Some features will not work if you decline or later revoke a permission. Unless we state otherwise, the AI Features require an active Subscription.

4.3Early access. Mochi is in early access. Before Subscriptions become available, the Mac App and the Phone App are offered only to people we invite, free of charge, as Beta Features, and some features may work differently during early access than these Terms describe for Subscriptions; we explain any such difference to invited testers when we invite them. Early-access versions and other Beta Features may be incomplete, contain errors, change, or be withdrawn at any time, and they may be less reliable than generally available software. We do not promise any particular availability or support for them, although we will try to help at hi@usemochi.ai. You use them at your own risk. Keep backups of anything important.

4.4Waitlist. Joining the Waitlist is free. It does not create an Account, and it does not entitle you to access the Services or to any particular feature, price or release date. We decide when and in what order to invite people. Invitations are personal to you and may not be sold, transferred or shared. Join only with your own email address; we may remove sign-ups that appear automated or abusive.

4.5Changes to the Services. We may add, change, suspend or discontinue any part of the Services. If a change materially reduces the features included in your Subscription, Section 6.12 applies.

5Your Account, devices and pairing

5.1Your Account. You must give us accurate information when you create an Account and keep your email address up to date, because we use it to send you receipts, renewal reminders and other notices about your Subscription. One Account is for one person. You may not share your Account or sell, transfer or lend access to it.

5.2Pairing. To use the Phone App, you pair a phone with your Mac using a short-lived, single-use code. Pair only devices that you own or control, and do not share pairing codes. You are responsible for activity that takes place through your Account and your paired devices. If you believe that a device was paired without your permission, remove it in the Mac App and notify us.

5.3Security. You are responsible for keeping your Mac, your macOS user account, your paired devices and your Account secure. Notify us promptly at hi@usemochi.ai if you suspect unauthorized access to your Account or to the Services through your devices, or if you discover a security vulnerability in Mochi.

6Subscriptions, billing and cancellation

6.1Plans and prices. Before you purchase a Subscription, we will show you the plan, its price, the length of the Billing Period, any trial or introductory terms, whether taxes are added, and how to cancel. The price you pay is the price displayed when you subscribe, as it may later change under Section 6.8. We sell Subscriptions directly, through our Payment Processor, and not through an app store.

6.3Your consent and our confirmation. We will not charge you for a Subscription unless you have affirmatively agreed to these automatic-renewal terms, separately from your agreement to the rest of these Terms, at the time you subscribe. By doing so, you authorize us and our Payment Processor to charge your payment method for each Billing Period until you cancel. After you subscribe, we will send you an email confirming your Subscription that sets out the automatic-renewal terms, the price, the Billing Period, our cancellation policy and how to cancel, in a form that you can keep.

6.4How to cancel. You may cancel your Subscription at any time, for any reason. You can cancel online, in the same place where you manage your Subscription, without calling us or speaking to anyone, or by emailing hi@usemochi.ai from the email address on your Account with "Cancel my subscription" in the subject line. We may tell you once about an alternative, such as a different plan, before you confirm, but you can decline it and complete your cancellation immediately. We will confirm your cancellation by email.

6.5When cancellation takes effect. When you cancel, your Subscription remains active until the end of the Billing Period that you have already paid for, and you will not be charged again. You will not receive a refund for the remainder of that period, except as stated in Section 6.11.

6.6Free trials and introductory offers. If we offer a free trial or an introductory price, we will tell you before you sign up how long it lasts, what you will be charged when it ends, and how to cancel. Unless you cancel before the trial or introductory period ends, your Subscription will continue at the regular price shown to you, and the automatic-renewal terms in Section 6.2 will apply. Where the law requires, we will remind you before the trial or introductory period ends. Each person may use a given trial or introductory offer only once.

6.7Reminders. We will send you any reminders about your Subscription that the law requires. In any event, at least once a year we will remind you that you have a Subscription, what it costs, how often you are billed, and how to cancel.

6.8Price changes. We may change the price of a Subscription. Before a price increase applies to you, we will notify you by email, giving you the advance notice that applicable law requires and in any case enough time to cancel before the new price is charged. The new price will apply from the first renewal that begins after the notice period ends. If you do not want to pay the new price, you may cancel under Section 6.4 before that renewal.

6.9Taxes. Prices do not include applicable sales, use, value-added or similar taxes unless we state otherwise. Where we are required to collect taxes, they will be added to your charges and shown to you before you pay.

6.10Payment Processor and failed payments. Payments are processed by our Payment Processor, and your payment details are provided directly to it and handled under its own terms and privacy policy. We do not receive or store your full card number. You must provide a valid payment method that you are authorized to use and keep it up to date. If a charge fails, we or our Payment Processor may try again, and we will notify you. If the problem is not resolved within a reasonable time, we may suspend the AI Features until payment succeeds; we will not charge you for any period during which your Subscription was suspended for non-payment.

6.11Refunds. Except as stated in these Terms, as stated when you subscribe, or as required by applicable law, payments are non-refundable, and we do not provide refunds or credits for partially used Billing Periods. If you believe that you were charged in error, contact us at hi@usemochi.ai and we will investigate and correct any error. If you are a consumer in the European Union, the United Kingdom or another place that gives you a legal right to withdraw from an online purchase within a set period, you may exercise that right as the law provides, and we will explain at checkout how it applies to your Subscription.

6.12Changes to what a Subscription includes. We may change the features included in a Subscription. If we make a change that materially reduces what your Subscription includes, we will tell you in advance where reasonably possible, and if you cancel because of the change, we will refund the unused part of your current Billing Period on request.

6.13Fair use. A Subscription includes a reasonable amount of use of the AI Features for one person's own purposes. To keep the Services available and affordable for everyone, we may set usage limits, which we will describe in the Mac App or when you subscribe, and we may slow down or pause the AI Features for an Account whose use exceeds those limits or appears automated, shared or abusive.

7Third-party services

7.1Services we rely on. The Services depend on products and services operated by others, including OpenAI (artificial-intelligence models and web search, used on our behalf as our Model Provider), our Payment Processor (payments), Apple (macOS and its speech-recognition, text-recognition and system features), Railway (hosting for our Website, Relay and servers) and Resend (email delivery and the Waitlist). When you ask about the weather or exchange rates, the Mac App also contacts Open-Meteo and Frankfurter. We do not control these third parties, and their availability, performance and changes may affect the Services.

7.2Our Model Provider. We send Inputs to our Model Provider so that its models can produce Outputs and choose Actions for you. The Model Provider processes them on our behalf, under our agreement with it. You must comply with the Model Provider's usage policies when you use the AI Features, and we may change Model Providers or the models we use at any time.

7.3Apps and websites Mochi opens or operates for you. When Mochi opens a website or takes Actions in another application or website, your use of that application or website remains subject to its own terms and policies. You are responsible for complying with them, including any rules about automated access.

7.4No endorsement; no responsibility. References to third parties in the Services or in Outputs do not mean that we endorse them or that they endorse us. Mochi is not made by, sponsored by or affiliated with Apple or OpenAI. To the extent permitted by law, we are not responsible for third-party services, content or data practices.

8Acceptable use

8.1General rule. You must use the Services lawfully and safely, in accordance with these Terms and with our Model Provider's usage policies.

8.2Prohibited uses. You must not use the Services to:

1. capture another person's voice, image or communications without giving any notice and obtaining any consent that the law requires, or monitor any person without their knowledge or lawful authority;
2. identify a person from an image or a recording, or infer sensitive characteristics of a person, such as health, sexual orientation, religion, political opinions or immigration status;
3. harass, threaten, defame, defraud, impersonate or deceive any person, or send spam;
4. infringe or misappropriate intellectual-property, privacy, publicity or other rights;
5. access any account, device, system or data that you are not authorized to access, or circumvent another service's security measures or usage limits;
6. make or automate decisions that have legal or similarly significant effects on a person, such as decisions about employment, credit, housing, insurance, education or legal status, without meaningful human review;
7. control vehicles, machinery, medical devices, weapons or any other system in which a malfunction could cause death, personal injury or serious property or environmental damage, or use the Services while driving or in any other situation in which distraction could endanger you or others;
8. give or obtain individualized legal, medical, financial or other professional advice without the appropriate involvement of a qualified professional;
9. create, request or distribute content that sexualizes, exploits or endangers anyone under 18; or
10. engage in any other activity that is unlawful or that our Model Provider's usage policies prohibit.

8.3Technical restrictions. You must not, and must not help anyone else to:

1. copy, modify, distribute, sell, rent or lease any part of the Services, except as these Terms expressly permit;
2. reverse engineer, decompile or disassemble the Software, or attempt to derive its source code, except to the extent that applicable law permits this despite this restriction;
3. interfere with or disrupt the Services, the Relay or other users, including by probing, scanning or overloading our systems, unless we have approved it in writing as security research;
4. disable, bypass or weaken confirmation steps, usage limits, rate limits or other safety or security measures in the Services;
5. resell the AI Features, share your Account, or use the Services to provide access to artificial-intelligence models to others;
6. use the Services or Outputs to develop or train artificial-intelligence models that compete with Mochi or with our Model Provider;
7. present an Output as made by a human when it was not; or
8. access the Services by automated means other than the interfaces that we provide.

8.4Enforcement. We may investigate suspected violations of this Section and take the steps described in Section 15.

9AI Outputs and your judgment

9.1Mochi is an AI. Mochi is an artificial-intelligence character, not a person. Everything Mochi writes to you, in his speech bubbles and elsewhere, is generated by artificial intelligence and not by a human being.

9.2How Outputs are made. Outputs are generated by machine-learning models that predict likely responses. Outputs can be inaccurate, incomplete, out of date or inappropriate, even when they sound confident or are highly specific, and Mochi may misread or misdescribe what appears on your screen.

9.3Use your judgment. You agree to evaluate Outputs before you rely on them or share them, and to check important information against an authoritative source. Do not treat Outputs as your only source of facts or as a substitute for advice from a qualified professional, especially about health, money, law or safety.

9.4Not an emergency service. Mochi cannot contact emergency services and is not designed for emergencies. If you or someone else may be in danger, contact your local emergency number.

9.5Decisions about people. Do not use Outputs about a person as the basis for a decision that could have a legal or similarly significant effect on that person.

9.6Similar Outputs. Because of how artificial-intelligence models work, other people may receive Outputs that are the same as or similar to yours.

10Actions on your computer

10.1How Actions work. When you ask, Mochi can open and quit applications and open web pages. To click, type and otherwise operate your applications, he also needs the macOS Accessibility permission, which only you can grant. Actions are switched on by default. You can switch them off at any time with Let Him Use the Computer, which appears in Mochi's Settings (under Computer Control) and in his menu. To decide which Actions to take, the Mac App sends your instructions and images of your screen to our Model Provider, and it may capture a new image after each step to check the result.

10.2Built to stop and ask. Mochi is built to stop and ask for your confirmation before steps that are hard to undo, including sending or posting something, deleting, buying or paying, installing software, running a command, sharing information, and answering permission prompts. As an additional safeguard, the Mac App checks each click and key press during a task, and holds back clicks on buttons labelled with words such as send, delete, buy or install, and certain keys (such as ⌘Return, Delete in Finder or Mail, and Return in Terminal), unless you have said yes to that step. These safeguards are not airtight. Some controls, particularly on web pages, carry no label that the check can read, and for those Mochi relies on the artificial-intelligence model's own judgment. Mochi may fail to recognize that a step is risky, and he may misread your screen.

10.3Your role and responsibility. You decide whether to use Actions and which applications, websites and accounts Mochi may operate. You are responsible for supervising Actions while they are in progress, for reviewing each step before you confirm it, and for the results of Actions that you request or confirm. You can stop Mochi at any time by pressing ⌃⌥S on your Mac or by switching off Let Him Use the Computer.

10.4Transactions and messages. Purchases, payments, bookings, messages, posts and other transactions completed through Actions are solely between you and the merchant, platform or recipient involved. Mochi is not a party to them and does not act as your payment agent. You must be authorized to use every account and payment method that you allow Mochi to operate, and you should monitor those accounts and promptly raise any error with the merchant or your financial institution.

10.5Untrusted content. Websites, documents, emails and applications may contain content designed to manipulate an artificial-intelligence agent, including hidden or misleading instructions. Mochi is designed to treat what is on your screen as information rather than as instructions from you, but he may not detect every attempt at manipulation. Do not use Actions with content or websites that you do not trust.

10.6Restricted uses. You must not use Actions (a) to trade securities, derivatives or digital assets, or to transfer money between accounts; (b) to operate medical, industrial, safety or other high-risk systems; (c) to submit legal, tax or government filings; (d) to handle passwords or other secrets; (e) to access an account or system that you are not authorized to use; or (f) on a website or service whose terms prohibit automated agents.

10.7Backups. Actions can change or delete data, and some changes cannot be undone. Keep current backups of important information.

10.8Our safeguards. We may limit, pause or disable Actions, require additional confirmations, or block particular applications or websites, to protect you, other people or the Services.

11Your content

11.1Ownership. As between you and Mochi, you keep all rights that you have in your Inputs and, to the extent permitted by law, you own your Outputs. We assign to you any right, title and interest that we may have in your Outputs. This Section does not give you rights in third-party content that appears in an Output or on your screen.

11.2Your responsibility. You are responsible for your Inputs and for your use of Outputs. You represent that you have all rights and permissions needed to provide your Inputs to the Services, including images of your screen that show other people's information or content.

11.3Our limited permission. You grant us a worldwide, non-exclusive, royalty-free permission to host, transmit, process and display your Inputs and Outputs, and to have our Model Provider and other service providers do so on our behalf, solely as necessary to provide, secure and support the Services for you, to comply with law, and to enforce these Terms. We do not use your Inputs, Outputs, screen images, Memory or the audio of your questions to train artificial-intelligence models, and we do not allow our Model Provider to use them to train its models.

11.4Memory. Memory is stored on the Macs where you use Mochi, and may be shared between your Macs in sealed form that we cannot read. You can delete Memory in the Mac App at any time, and a fact you delete on one Mac is deleted on your other Macs when they next connect. Facts from Memory are sent to our Model Provider at the start of each conversation so that Mochi knows you.

11.5Where content goes. Our Privacy Policy explains which information stays on your own devices, which passes through our servers, and which our Model Provider processes.

12Feedback

You are not required to give us feedback. If you choose to send us comments, ideas or suggestions about the Services ("Feedback"), we may use, disclose and build on that Feedback for any purpose, without restriction, attribution or compensation to you. Your Inputs and Outputs are not Feedback unless you choose to include them in a message to us.

13Software licence and automatic updates

13.1Licence. Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to install and use the Mac App on Macs that you own or control, and to use the Phone App, in each case solely to use the Services. The Software is licensed, not sold, and we reserve all rights that we do not expressly grant.

13.2Automatic updates. While the Mac App is connected, our servers inform it when a newer version is available. The Mac App then downloads the update from our servers (only over a regular network connection, not a mobile hotspot or Low Data Mode), installs it only if it matches the checksum our servers announced and is signed with the same developer key as the copy you have, and restarts into it when Mochi is asleep or idle, or when you choose to restart it. The Mac App currently has no setting to turn automatic updates off; quitting the Mac App stops them. Updates may add, change or remove features and may include security fixes. We may require you to install an update to continue using the Services. Updates are part of the Services and are governed by these Terms unless they come with separate terms.

13.3Open-source components. The Software includes components licensed under open-source licences, including the Fredoka and IBM Plex typefaces, which are licensed under the SIL Open Font License. If an open-source licence conflicts with these Terms for a component, the open-source licence governs that component to the extent of the conflict.

14Ownership of the Services

Mochi and its licensors own all rights, title and interest in and to the Services, including the Mochi name, character, artwork, sounds, software and Website content. Except for the licence in Section 13 and your rights in your content under Section 11, these Terms do not grant you any rights in the Services or in our names, logos or other trademarks. You may not use our brand in a way that suggests our sponsorship or endorsement without our prior written permission.

15Suspension and termination

15.1By you. You may stop using the Services at any time. You can cancel your Subscription under Section 6.4, leave the Waitlist from any of our emails, unpair your devices, delete Memory, revoke macOS permissions, uninstall the Mac App, and ask us to close your Account and delete the personal information we hold about you, as described in our Privacy Policy.

15.2By us. We may suspend or terminate your access to all or part of the Services if (a) you materially or repeatedly breach these Terms; (b) we are required to do so to comply with law or a legal order; (c) your use creates a risk of harm or liability for you, other people, our Model Provider or us; or (d) we discontinue the Services. Where reasonably possible, we will notify you in advance, explain why, and give you an opportunity to remedy the issue, unless doing so would create a risk of harm, violate the law, or compromise an investigation or the security of the Services.

15.3Refunds on termination. If we terminate your Subscription for a reason other than your breach of these Terms, we will refund the unused part of your current Billing Period. If we terminate it because you materially breached these Terms, no refund is due except where the law requires one.

15.4Appeals. If you believe that we suspended or terminated your access in error, write to us at hi@usemochi.ai.

15.5Effect. When your access ends, the licence in Section 13 ends and you must stop using and uninstall the Software. Sections 6.10 (as to amounts already due), 6.11, 11.1, 11.2, 12, 14, 15.3 and 16 through 24, and any other provision that by its nature should survive, survive termination.

15.6Discontinuation. If we discontinue the Services entirely, we will give you reasonable advance notice, stop charging you, and refund any prepaid fees for the unused period.

16Disclaimers

We work hard to make Mochi useful and safe, but there are limits to what we can promise. The most important of those limits appear below in capital letters so that they stand out.

17Limitation of liability

18Indemnity

If you use the Services for or on behalf of a business or other organization, that business or organization will, to the extent permitted by law, defend, indemnify and hold harmless Mochi and its affiliates, officers, employees and agents from and against any third-party claim, and all resulting losses, liabilities, damages, costs and reasonable attorneys' fees, arising out of or relating to (a) its use of the Services; (b) its Inputs or its use of Outputs; (c) Actions that it requested or confirmed; or (d) its violation of these Terms, applicable law or a third party's rights. We may assume control of the defense of any matter covered by this Section, and the indemnifying party will cooperate with us.

19Dispute resolution and arbitration

19.1Scope. This Section applies to any dispute, claim or controversy between you and Mochi that arises out of or relates to these Terms or the Services, whenever it arose, including any dispute about the scope or applicability of this Section (each, a "Dispute"), except as provided in Section 19.5.

19.2Informal resolution first. Most problems can be solved quickly by talking. Before starting an arbitration or a small-claims action, the party raising a Dispute must send the other party a written notice that describes the Dispute and the relief requested and includes the sender's name and contact details. You must send your notice to hi@usemochi.ai with "Legal notice" in the subject line; we will send ours to the email address on your Account or that you gave us. For 60 days after the notice is received, both parties will try in good faith to resolve the Dispute informally, including by an individual telephone or video conference if either party requests one. All limitation periods are suspended during those 60 days.

19.3Binding individual arbitration. If the Dispute is not resolved within the 60-day period, either party may begin binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, including any procedures it applies to multiple or coordinated filings, as modified by this Section. The Federal Arbitration Act governs the interpretation and enforcement of this Section. A single arbitrator will decide the Dispute. Hearings will be held by video conference unless the arbitrator decides that an in-person hearing is necessary, in which case it will take place in the county where you live or at another location that the parties agree. The arbitrator may award any individual relief that a court could award, but only in favour of the individual party seeking relief and only to the extent necessary to resolve that party's individual claim.

19.4Costs. The AAA's consumer fee schedule governs the payment of filing, administrative and arbitrator fees, and under it the business pays most of those fees. We will pay the fees that the schedule assigns to us promptly when they are due. We will not seek to recover our attorneys' fees or costs from you in arbitration unless the arbitrator decides that your claim was frivolous or brought for an improper purpose.

19.5Exceptions. Despite this Section, either party may (a) bring an individual action in small-claims court, as long as the action stays in that court and is pursued only on an individual basis; and (b) seek injunctive or other equitable relief in court to prevent the actual or threatened infringement or misappropriation of intellectual-property rights, or unauthorized access to or misuse of the Services.

19.7Public injunctive relief. If applicable law allows you to seek public injunctive relief and that request cannot be arbitrated, it will be severed from the arbitration and decided by a court under Section 19.12 after the individual arbitration has concluded.

19.8Coordinated filings. If 25 or more demands for arbitration that raise substantially similar Disputes are filed by or with the help of the same or coordinated counsel, the AAA may administer them in batches, with one arbitrator, one set of fees and one hearing for each batch, to the extent its rules permit. Limitation periods for demands that are waiting for a batch are suspended until that batch begins.

19.9Your right to opt out. You may opt out of arbitration under this Section 19 by emailing hi@usemochi.ai, from the email address you use with the Services, with "Arbitration opt-out" in the subject line, within 30 days after you first accept these Terms. Your notice must state your name and that you are opting out of arbitration. Opting out does not affect any other part of these Terms; if you opt out, Disputes between you and us will be resolved under Section 19.12.

19.10Changes to this Section. If we make a material change to this Section 19, you may reject the change by sending us notice as described in Section 19.9 within 30 days after the change takes effect. If you do, the version of this Section that applied immediately before the change will continue to govern Disputes between you and us.

19.11Severability. If the waiver in Section 19.6 is found unenforceable for any Dispute or remedy, that Dispute or remedy will be decided by a court under Section 19.12 rather than in arbitration. If any other part of this Section 19 is found unenforceable, the rest of it will remain in effect.

19.12Courts. Any Dispute that is not subject to arbitration under this Section, including because you opted out, may be brought only in a state or federal court in the United States that has jurisdiction over it, and you and Mochi consent to the personal jurisdiction of that court. If you are a consumer living in the European Union or the United Kingdom, you may also bring proceedings in the courts of the country where you live, and this Section 19 does not require you to arbitrate. Nothing in these Terms limits mandatory consumer protections that apply to you.

20Governing law

These Terms and any Dispute are governed by the federal laws of the United States and the laws of the state in which Mochi has its principal place of business, without regard to conflict-of-laws principles, except that the Federal Arbitration Act governs Section 19. If you are a consumer, you also keep the protection of any mandatory provisions of the law of the place where you live.

21Changes to these Terms

We may update these Terms to reflect changes to the Services, to the law or to our business, or for security or safety reasons. If a change will materially and adversely affect your rights, we will notify you by email, or in the Mac App, at least 30 days before the change takes effect, unless we must make the change sooner to comply with law or to address an urgent security or safety risk. Other changes take effect when we post them. The "Last updated" date at the top of these Terms identifies the current version, and we will send you any earlier version on request. A change to the price of your Subscription is governed by Section 6.8. If you continue to use the Services after a change takes effect, the updated Terms apply to you; if you do not agree with a change, you should stop using the Services and may cancel your Subscription under Section 6.4. A change to these Terms will not apply to a Dispute of which either party had notice before the change took effect, except as Section 19.10 provides.

22Communications and notices

You agree to receive agreements, receipts, notices, disclosures and other communications from us electronically, including by email to the address on your Account or that you gave us, and by notices in the Mac App or on the Website, and you agree that these electronic communications satisfy any legal requirement that a communication be in writing. Emails about your Subscription, such as receipts, renewal and price-change notices and cancellation confirmations, are service messages, and you will receive them while you have a Subscription even if you have unsubscribed from our newsletters and other marketing emails. Legal notices to us must be sent by email to hi@usemochi.ai with "Legal notice" in the subject line. A notice to you by email is effective when sent; a notice to us is effective when we receive it.

23General terms

23.1Assignment. You may not assign or transfer these Terms, or any of your rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign these Terms without your consent to an affiliate, or in connection with a merger, acquisition, corporate reorganization, or sale of all or part of our business or assets, and we will notify you if we do.

23.2Severability. Subject to Section 19.11, if any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

23.3Entire agreement. These Terms, together with any Supplemental Terms, are the entire agreement between you and Mochi regarding the Services and supersede all prior and contemporaneous agreements and understandings regarding that subject.

23.4No waiver. Our failure or delay in exercising any right or enforcing any provision of these Terms is not a waiver of that right or provision.

23.5Events beyond our control. We are not liable for any delay or failure to perform that results from causes beyond our reasonable control, including failures of third-party services or networks, power outages, natural disasters, epidemics, war, terrorism, labour disputes or government action.

23.6Export controls and sanctions. You must comply with all applicable export-control and sanctions laws. You may not use or export the Services in or to any embargoed country or region, or for the benefit of any person or entity on a government restricted-party list.

23.7Relationship of the parties. These Terms do not create any partnership, joint venture, employment, fiduciary or agency relationship between you and Mochi.

23.8Third-party beneficiaries. Except as stated in Section 17, these Terms do not confer any rights on any person other than you and Mochi.

23.9Language. If we provide a translation of these Terms, the English version controls if the two differ.

23.10Consumer rights. Nothing in these Terms limits any right that you have as a consumer that cannot be limited or waived by contract.

24Contact us

For questions about these Terms, your Subscription or the Services, and for legal notices, privacy requests and security reports, email us at hi@usemochi.ai.